Last updated: November 11, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Public health officers appointed under the Public Health Act, medical officer of health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers

Fine, Jail
Gavel
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Analysis

Sections 21, 22, and 23 of the Tobacco Control Act provide that violations of health warning and misleading promotion provisions are punishable by a fine of up to 500,000 shillings, imprisonment for up to three years, or both.

The law conveys enforcement authority to “public health officers” under the Public Health Act and “any other person upon whom any written law vests functions of the maintenance of law and order.” The Regulations further convey enforcement authority to “Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it contains a range of penalties. However, to align more fully, the drafters of the law should consider imposing additional types of penalties, such as license suspension or revocation, and more severe penalties for repeat violations.

Importer

Public health officers appointed under the Public Health Act, medical officer of health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers

Fine, Jail
Gavel
Expand to view related litigation
Analysis

Sections 21, 22, and 23 of the Tobacco Control Act provide that violations of health warning and misleading promotion provisions are punishable by a fine of up to 500,000 shillings, imprisonment for up to three years, or both.

The law conveys enforcement authority to “public health officers” under the Public Health Act and “any other person upon whom any written law vests functions of the maintenance of law and order.” The Regulations further convey enforcement authority to “Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it contains a range of penalties. However, to align more fully, the drafters of the law should consider imposing additional types of penalties, such as license suspension or revocation, and more severe penalties for repeat violations.

Wholesaler

Public health officers appointed under the Public Health Act, medical officer of health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers

Fine, Jail
Gavel
Expand to view related litigation
Analysis

Sections 21, 22, and 23 of the Tobacco Control Act provide that violations of health warning and misleading promotion provisions are punishable by a fine of up to 500,000 shillings, imprisonment for up to three years, or both.

The law conveys enforcement authority to “public health officers” under the Public Health Act and “any other person upon whom any written law vests functions of the maintenance of law and order.” The Regulations further convey enforcement authority to “Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it contains a range of penalties. However, to align more fully, the drafters of the law should consider imposing additional types of penalties, such as license suspension or revocation, and more severe penalties for repeat violations.

Retailer

Public health officers appointed under the Public Health Act, medical officer of health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers

Fine, Jail
Gavel
Expand to view related litigation
Analysis

Sections 21, 22, and 23 of the Tobacco Control Act provide that violations of health warning and misleading promotion provisions are punishable by a fine of up to 500,000 shillings, imprisonment for up to three years, or both.

The law conveys enforcement authority to “public health officers” under the Public Health Act and “any other person upon whom any written law vests functions of the maintenance of law and order.” The Regulations further convey enforcement authority to “Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it contains a range of penalties. However, to align more fully, the drafters of the law should consider imposing additional types of penalties, such as license suspension or revocation, and more severe penalties for repeat violations.